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Title:Constitutional challenges in the algorithmic society Editor(s):MICKLITZ, Hans-Wolfgang
; POLLICINO, Oreste; REICHMAN, Amnon; SIMONCINI, Andrea; SARTOR, Giovanni; DE GREGORIO, GiovanniDate:2022Citation:
- Cambridge : Cambridge University Press, 2022
Type:BookAbstract:New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal ...
; POLLICINO, Oreste; REICHMAN, Amnon; SIMONCINI, Andrea; SARTOR, Giovanni; DE GREGORIO, GiovanniDate:2022Citation:
Title:The abuse of constitutional identity : Illiberal constitutional discourse and European constitutional pluralism Author(s):SCHOLTES, Julian 
Date:2022Citation:
- Florence : European University Institute, 2022
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:‘Constitutional identity’ has become a key argument in the negotiation of authority between national legal orders and the legal order of the European Union. Many national constitutional courts have declared that the reach ...
Date:2022Citation:
Title:Illiberal constitutional theories Author(s):HALMAI, Gábor Date:2021Citation:
- Jus politicum, 2021, No. 25, pp. 135-152
Type:ArticleAbstract:The paper deals with constitutional theories as foundations of illiberal system in Europe. The first part tries to answer the question, whether there is a genuine constitutional theory of ‘illiberal’ or ‘nonliberal ...
Date:2021Citation:
Title:Constitutional pluralism in the European Union : a critical reassessment Author(s):BARANSKI, MarcinDate:2021Citation:
- Florence : European University Institute, 2021
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:. To that purpose, the thesis examines the work of leading scholars of pluralism– –Neil MacCormick, Kaarlo Tuori, Mattias Kumm, and Miguel Poiares Maduro–– all of whom advanced such heterarchical rather than hierarchical ...
Date:2021Citation:
Title:Proportionality in the PSPP and Weiss judgments : comparing two conceptions of the unity of public law Author(s):SCARCELLO, OrlandoDate:2021Citation:
- European journal of legal studies, 2021, Vol. 13, No. 1, pp. 45-59
Type:ArticleAbstract:This article compares the conceptions of proportionality in the Weiss judgment of the Court of Justice of the European Union (ECJ) and the PSPP judgment of the German Constitutional Court (GCC). It will be pointed out that ...
Date:2021Citation:
Title:The principle of mutual trust in EU law : what is in a name? Author(s):AASA, Birgit Date:2021Citation:
- Florence : European University Institute, 2021
Type:ThesisSeries/Number:EUI PhD theses; Department of LawAbstract:This thesis examines the principle of mutual trust in European Union (EU) law – a nascent legal principle gradually trying to find its place in the EU legal and structural architecture and perhaps even in its constitutional ...
Date:2021Citation:
Title:Illiberalism in East Central Europe Author(s):HALMAI, Gábor Date:2021Citation:
- András SAJÓ, Stephen HOLMES and Renáta UITZ, (eds), Routledge handbook of illiberalism, New York ; London : Routledge, 2021, pp. 813-821
Type:Contribution to bookAbstract:This chapter first defines illiberalism in the current political, ideological circumstances of East- Central Europe followed by the description of the claims of illiberal theories. Next, this chapter discusses the heritage ...
Date:2021Citation:
Title:Does illiberal democracy exist? Author(s):HALMAI, Gábor Date:2021Citation:
- Giuliano AMATO, Benedetta BARBISAN and Cesare PINELLI (eds), Rule of law vs majoritarian democracy, Oxford : Hart Publishing, 2021, pp. 171-188
Type:Contribution to bookAbstract:While discussing illiberalism the focus of this chapter will be institutional. From this perspective the main object of illiberal critique is liberal democracy, which in my view is not merely a limit on the public power ...
Date:2021Citation:
Title:Abusing constitutional identity Author(s):SCHOLTES, Julian Date:2021Citation:
- German law journal, 2021, Vol. 22, No. 4, pp. 534–556
Type:ArticleAbstract:Increasingly, populists and authoritarians have discovered for themselves the notion of constitutional identity as a practical excuse to sidestep transnational legal obligations, as well as to vindicate their constitutional ...
Date:2021Citation: